Litigation Lawyers in Tell City
If you live in Tell City, Indiana and think that you might be the victim of a legal wrong, you may determine that it's worth suing over, to recover compensation from the individual who wronged you.
If you wish to file a lawsuit, there are various things you need to consider, and the decision to sue someone should not be made without the counsel of a Tell City, Indiana civil litigation attorney.
When you hire a civil litigation lawyer in Tell City, Indiana, they'll be able to give you some extremely useful advice, especially in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very rapidly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.
Steps for Filing a Lawsuit in Tell City, Indiana
Consultation with your attorney: You should always speak with a Tell City, Indiana lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Tell City, Indiana. Your lawyer will have essential information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Tell City, Indiana court, you need to draft a complaint, with the help of your lawyer. A complaint is typically the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court typically gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving the Defendant: When you have determined that you want to file a lawsuit in Tell City, Indiana, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few particular ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Tell City, Indiana, the defendant has time to respond. They typically do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to establish that you've suffered losses that warrant the damages you're asking for.
How Can A Tell City, Indiana Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Tell City, Indiana.
Thus, it is essential that you consult a qualified civil litigation attorney before you file any type of lawsuit in Tell City, Indiana.